B. How to Use This Book


This book contains short explanations of the key terms and concepts used in intellectual property law. It is separated into four self-contained parts, each of which is targeted to one of the main intellectual property law categories. The four parts are:

Part 1: Trade Secret Law

Part 2: Copyright Law

Part 3: Patent Law, and

Part 4: Trademark Law.

You’ll find a short overview of the category at the beginning of each part, followed by an alphabetical list of terms defined in that part. We also provide a number of useful lists and charts of additional information, as well as some samples of official forms that apply to each topic.

1. What legal rights apply to your creative work?

If you are concerned with a creation of your own, you’ll first need to know what form (or forms) of intellectual property applies to it in order to get to the right part of this book. These basic rules should point you in the right direction:

  • Trade secrets consist of designs, devices, processes, compositions, techniques, formulas, information or recipes that are kept secret by their owner and which give their owner a competitive business advantage. (See Part 1: Trade Secret Law.)

  • Copyrights protect original and tangible forms of expressing creative ideas, but not the ideas themselves. A creative nonfunctional design may be copyrightable. (See Part 2: Copyright Law.)

  • Utility patents apply to new processes, machines, manufactures, compositions of matter, or new uses of any of the above if they are novel, nonobvious and useful. (See Part 3: Patent Law.)

  • Design patents apply to unique and ornamental shapes or designs that are also nonfunctional. (See Part 3: Patent Law.)

  • Plant patents may be issued for any asexually or sexually reproducible plants (such as flowers) that are both novel and unobvious. (See Part 3: Patent Law.)

  • Trademarks apply to marketing devices: the name of a product or service or the symbols, logos, shapes, designs, sounds or smells used to identify them. They must be distinctive or have become well known through long use or advertising. (See Part 4: Trademark Law.)

  • Unfair competition is a legal theory that extends protection to certain kinds of intellectual property when trademark, copyright and patent law don’t apply. It applies when one business represents its products or services in a way that confuses customers and stops them from buying from another business. (See Part 4: Trademark Law.)

2. Use of intellectual property laws chart

Below, we’ve provided a detailed chart to further help you identify the applicable law. The chart lists categories of creations, followed by indications of what sorts of intellectual property laws generally apply.

Creative Work

Applicable Legal Rights

Trade Secret

Copyright

Patent

Trademark

Unfair Competition

No Rights

advertisement (billboard, card, flyer, sign)

advertising copy

architectural drawings, renderings

arrangement of facts

artwork (see specific entries)

biography

biological inventions

blueprints

book design

book titles

carpet design

cartoons

characters—animated

characters—books

characters—comic strips

characters—TV or movies

charts

chemical inventions

choreographed works

clothing accessories and designs (belts, hats, scarves, suspenders)

comic strips

commercial names

computers

containers

cosmetics

databases

decorative hardware

design (see specific entries)

drawings

electrical inventions

electronic inventions

engineering plans

etchings

fabric

fabric design

facts

flowcharts

food inventions

forms

formulas—chemical

formulas—cosmetic

formulas—food

furniture design

games—board, box and instructions

hardware

housewares

ideas by themselves

interior design

Internet domain names

jewelry

labels

landscape designs

laser light show

law of nature

lectures

lithographs

logos

machines

machines—internal parts

magazines

magic tricks or techniques

manufacturing process

maps

mathematical algorithms

mechanical inventions medical accessories, devices

(splints, braces, supports)

method of doing business

movie—film or video

movie—plot (not written)

movie—script

movie—treatment

murals

musical composition

musical instrument

names—business

names—entertainer/celebrity

names—famous animals

names—product or service

odors—new use/process

odors—used in marketing

packaging

paintings

pamphlets

periodicals

photographic processes

photographs

plants and plant inventions

plays—written or performances

pottery

prints

project designs

radio programs

record books

recreational gear

reproductions

schedules

scientific treatises

sculpture

shapes

shoes

signs

slogans

software

software titles

songs—jingles for marketing

songs—not written or recorded

songs—recorded or written

sounds—new ways to make

sounds—original sequence

sounds—used in marketing

sporting goods—designs

sporting goods—equipment

stained glass

structural plans

symbols

titles—books, plays

titles—magazines

titles—movies, songs, TV shows

toys

translations

videotape

wallpaper design

weavings

Web pages

words by themselves writing—articles, essays, poems,

novels, short stories, nonfiction books




Patent Copyright & Trademark
Patent, Copyright & Trademark: An Intellectual Property Desk Reference
ISBN: 1413309208
EAN: 2147483647
Year: 2003
Pages: 152

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